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SPARTON CORP. v. U.S.

No. 03-5169.

399 F.3d 1321 (2005)

SPARTON CORPORATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 28, 2005.

Attorney(s) appearing for the Case

Steven Kreiss, of Washington, DC, argued for plaintiff-appellant.

Gary L. Hausken, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and John J. Fargo, Director.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and SCHALL, Circuit Judge.

ARCHER, Senior Circuit Judge.

Sparton Corporation ("Sparton") appeals the Court of Federal Claims' ("Claims Court") grant of summary judgment of invalidity under the on-sale bar of 35 U.S.C. § 102(b). Sparton Corp. v. United States, No. 92-580C (Fed.Cl. Jul. 15, 2003). Because the invention of U.S. Patent Nos. 3,921,120 and 4,029,233 ("the '120 patent" and "the '233 patent") was not the subject of a commercial offer for sale more than one year prior to...

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